Law, Policy & Markets

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Feb 2025

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Law, Policy & Markets: Milbank Conversations explores key business and legal trends in today's evolving global economy. With candor and a sophisticated understanding of the issues, host Allan Marks and other Milbank partners and guests delve into diverse topics, such as ESG and sustainability, cybersecurity, airlines and aviation, biopharma, global capital markets, climate change and the energy transition, cross-border workouts, private equity, cutting-edge litigation, enforcement policies in securities and antitrust, and values-based innovation in the legal profession. Discover what’s happening, what it means, and what’s next. More details at Milbank.com. Follow us on social media and podcast platforms, including Apple, Spotify, Google and Audible.

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February 15, 2025Episode 1345 min

2025: "It’s Tough to Make Predictions, Especially About the Future.”

Send us Fan MailIn this episode, host Allan Marks and Milbank partners Erwin Dweck, Apostolos Gkoutzinis, Fiona Schaeffer and John Williams forecast what’s in store for markets and policy in 2025 in the US, Europe and globally. They also share what they are reading now, recommending surprisingly diverse and wide-ranging books.About the SpeakersErwin Dweck is a partner in the New York office of Milbank LLP, the Practice Group Leader of the firm’s Real Estate Group and a member of the firm’s Global Executive Committee. Read MoreApostolos Gkoutzinis is a market-leading international corporate finance and securities lawyer and a partner in the firm’s European Leveraged Finance/Capital Markets group in London. Read MoreFiona Schaeffer is a member of the firm's Litigation & Arbitration Group and an international antitrust lawyer with over 25 years of experience practicing on both sides of the Atlantic. Read MoreJohn Williams leads the Derivatives practice at Milbank globally and is a member of the firm’s Alternative Investment Practice. Read MoreAllan Marks is one of the world's leading project finance lawyers. He has advised developers, investors, lenders, and underwriters in the development and financing of complex energy and infrastructure projects around the world, as well as acquisitions, restructurings and capital markets transactions. He is a Senior Fellow at Columbia University’s Center on Sustainable Investment and teaches law at both the University of California, Berkeley and UCLA. Read MoreFor more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, iHeart, Google and Audible.Disclaimer

December 23, 2024Episode 1228 min

Geopolitics and 2025 Market Forecast: The View from Asia

Send us Fan MailIn this episode of the podcast, host Allan Marks sits down with Milbank partner Jacqueline Chan to discuss their 2025 predictions for geopolitics, trade in Asia, climate impacts on investments, and cross-sector market trends, plus Ms. Chan’s thought-provoking book recommendations to read in the new year. They also looked back at how much has changed since they recorded their first Law, Policy & Markets podcast episode together five years ago. A lot has changed in the world since 2020.About the speakers:Jacqueline Chan is a partner in Milbank’s Singapore office, previously based in Hong Kong. She advises on a wide range of international corporate finance transactions and M&A deals, and regularly represents sponsors, borrowers and lenders on complex cross-border acquisition finance transactions. In addition, she has significant experience with international debt restructurings in Asia. Ms. Chan specializes in structuring complex debt and equity transactions for clients both within and outside of Southeast Asia, and regularly advises many of the largest private equity funds, sovereign wealth funds, corporates, leading banks and financial institutions in their various transactions globally and in particular throughout Asia.Allan Marks is one of the world's leading project finance lawyers. He advises developers, investors, lenders, and underwriters in the development and financing of complex energy and infrastructure projects around the world, as well as acquisitions, restructurings and capital markets transactions. Many of his transactions relate to sustainability and innovative clean technologies. He is a Senior Fellow at Columbia University’s Center on Sustainable Investment and teaches law at both the University of California, Berkeley and UCLA. He previously taught project finance at UC Berkeley's Haas School of Business.For more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, iHeart, Google and Audible.Disclaimer

November 8, 2024Episode 1149 min

How to Improve Carbon Credit Markets: “Trust but Verify”

Send us Fan MailIn this episode, host Allan Marks speaks with Alexia Kelley, managing director of the Carbon Policy & Markets Initiative at High Tide Foundation, and Josh Sterling, a partner in Milbank’s Litigation & Arbitration and Derivatives Groups based in Washington, DC and former federal regulator of commodity futures markets. They discuss carbon credits in voluntary markets and in mandatory or compliance markets. They also explore how new rules in the US and globally aim to boost the integrity of voluntary carbon markets, how to get more “bang for the buck” in carbon trading, and how nature-based projects and other decarbonization investments funded by carbon credits—such as reforestation, agriculture sector improvements, and renewable energy projects—help support climate goals.About the SpeakersAlexia Kelly has nearly 20 years of experience dealing with high integrity carbon and environmental services markets. She is managing director of the Carbon Policy & Markets Initiative at High Tide Foundation and was previously director of NetZero and Nature at Netflix, on the board of ICVCM setting global standards for voluntary carbon markets, and the US State Department’s lead negotiator on Article 6 of the Paris Agreement to the United Nations Framework Convention on Climate Change. Josh Sterling is a Milbank partner based in Washington, DC and a member of the firm’s Litigation & Arbitration and Derivatives Groups. In DC, he served for many years as Director of the CFTC’s Market Participants Division overseeing over 3300 banks, intermediaries and registered asset managers trading derivatives, among other federal regulatory duties. He specializes in representing banks, trading firms, derivatives markets, and other institutional clients in high-stakes investigations, enforcement matters and other regulatory proceedings before the CFTC.Allan Marks is one of the world's leading project finance lawyers. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex energy and infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Many of his transactions relate to ESG and sustainability, innovative clean technologies, and sophisticated contractual risk allocation. He is a Senior Fellow at Columbia University’s Center on Sustainable Investment and serves as an Adjunct Lecturer at the University of California, Berkeley at the Law School and previously at the Haas School of Business.For more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, iHeart, Google and Audible.Disclaimer

October 31, 2024Episode 1056 min

The Best of LPM | What's at Stake for Mergers, Antitrust and CFIUS in the US 2024 Presidential Election

Send us Fan MailOriginally broadcast: February 27, 2024Discover how the 2024 US presidential election could transform the regulatory landscape for mergers, antitrust enforcement, and foreign investment. With the prospect of President Joe Biden facing off against former President Donald Trump, this episode unpacks the economic policies and national security priorities of these political titans. Milbank partners Adam DiVincenzo and John Bain join host Allan Marks to provide a sharp analysis of how both administrations have wielded the Committee on Foreign Investment in the United States (CFIUS), particularly in relation to China, and what that means for foreign investment strategies moving forward.As we navigate the intricate balance between market power, innovation, and regulation, learn how historical antitrust measures influence modern policies. Our conversation draws on the insights of economists like Schumpeter and Arrow to understand the role of large companies in fostering or stifling innovation. We explore the complex interplay of regulatory bodies like the FTC and DOJ in shaping market competition and how geopolitical considerations can impact merger activities. This episode offers a comprehensive look at how shifting political landscapes and economic strategies are poised to redefine the future of business.We also delve into the nuances of antitrust laws and market strategies, exploring how proposed bans and historical perspectives like the Sherman Act inform current debates. The discussion reflects on Robert Bork's theory of consumer welfare, questioning its relevance today. Learn how administrations may continue to leverage robust antitrust tools and how geopolitical tensions with countries like Russia and China could impact merger regulations. From ESG initiatives to strategies for navigating CFIUS reviews, we provide the insights you need to understand the forces shaping tomorrow's corporate environment.For more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, iHeart, Google and Audible.Disclaimer

October 1, 2024Episode 932 min

The Digital Infrastructure Revolution: AI Drives Massive Investment in Data Centers and Connectivity

Send us Fan MailWe are experiencing a revolution in digital infrastructure. Artificial intelligence (AI) gets most of the attention, but the appetite for expanded capacity – and the magnet for new public and private investment – affects myriad digital technologies. Broadband fiber, data centers, wireless spectrum networks, and advanced chip manufacturing are attracting billions of dollars in new funding. In this episode, “The Digital Infrastructure Revolution: AI Drives Massive Investment in Data Centers and Connectivity,” host Allan Marks speaks with Milbank partners Patrick Campbell and Jaime Ramirez. They examine how the CHIPS and Science Act of 2022 and other federal programs together with the explosion of new artificial intelligence technology and the impacts of the pandemic are driving a massive wave of investment in fiber and data center projects. About the SpeakersPatrick S. Campbell is a partner in the Washington, DC office of Milbank LLP and a member of the firm’s Transportation and Space Group. Mr. Campbell’s practice focuses on transactional, corporate and regulatory matters in the digital infrastructure space. He has worked extensively on such matters on behalf of domestic and foreign fiber optic, wireless, data center, tower, satellite, computing service, media and Internet companies, as well as banks, private equity firms and other entities investing in, or providing securitization or other debt financing for, these companies.Jaime E. Ramirez is a partner in the New York office of Milbank and a member of the firm’s Global Project, Energy and Infrastructure Finance Group. He focuses on representing parties in the acquisition, development and financing of large scale natural resource and infrastructure projects. His experience also includes the representation of investment banks and borrowers in cross-border financing transactions, particularly in Latin America.Podcast host Allan Marks is one of the world's leading project finance lawyers. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex energy and infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Many of his transactions relate to ESG and sustainability, innovative clean technologies, and sophisticated contractual risk allocation. Allan serves as an Adjunct Lecturer at the University of California, Berkeley at the Law School and previously at the Haas School of Business.For more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, iHeart, Google and Audible.Disclaimer

August 19, 2024Episode 834 min

The Best of LPM | Contemptible Conditions: The Fight For Decent Medical Care in NYC Jails

Send us Fan MailOriginally broadcast: March 16, 2023New York City jails are falling short of the minimum legal standard of access for needed medical care, with thousands of incarcerated people at Rikers Island and other city jails routinely deprived of adequate treatment. Costs per inmate are up, but uniformed correctional staffing is down. The result: an overburdened jail system that is ineffective, inefficient, and inhumane.In the latest episode, Contemptible Conditions: The Fight For Decent Medical Care in NYC Jails, Milbank Litigation partner Katherine Fell speaks to host Allan Marks about the harsh impact of inmates’ loss of access to critical medical care. She discusses how recent state court decisions have confirmed that the City’s Department of Corrections has failed to provide timely treatment in emergencies and for chronic conditions, and how her work on ongoing litigation aims to remedy the situation.About the SpeakersKatherine Fell is a partner in the Litigation & Arbitration Group, based in New York. Her practice includes complex commercial and class action litigation, securities litigation, private and regulatory antitrust matters, regulatory investigations, and internal investigations. She has represented clients across a broad variety of industries, including in the fields of finance, media and entertainment, healthcare and pharmaceuticals.Podcast host Allan Marks is one of the world's leading project finance lawyers. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Mr. Marks also serves as an Adjunct Lecturer at the University of California, Berkeley at the Law School and previously at the Haas School of Business.For more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, iHeart, Google and Audible.Disclaimer

July 25, 2024Episode 734 min

The Best of LPM | The Energy Transition in Europe and the United States: “Blue Skies Ahead?”

Send us Fan MailOriginally broadcast: April 7, 2023 ESG #14: By 2030, renewables (mainly wind and solar power) are forecast to generate most of Europe’s power and almost half the power in the US and China. Other sectors – like transportation and heavy industry – are also decarbonizing. What drives this energy transition away from fossil fuels toward cleaner energy sources and greater energy efficiency? New regulations are discouraging greenhouse gas emissions, and government policies and market forces are stimulating massive new investment in clean technologies and green energy. Energy security threats and price volatility associated with vulnerable fossil fuel supply chains and climate risks have become more evident. But inflation, rising interest rates and ambivalent politics are still capable of hindering this fundamental shift in how the planet generates and uses energy.In this new episode, The Energy Transition in Europe and the United States: “Blue Skies Ahead?,” Project, Energy and Infrastructure Finance Group partners Matt Brown and Allan Marks compare notes on the energy transition and the state of the market in the US, the UK and Europe. They analyze in detail some of the tailwinds accelerating green investment (including European climate regulations and the US Inflation Reduction Act), affected technologies (including green steel, natural gas and LNG, hydrogen, renewables, nuclear power, batteries and mining), and the role of different sources of capital (including cross-border investment, private credit funds, banks and tax equity). About the SpeakersMatt Brown is a partner in the Project, Energy and Infrastructure Finance Group, based in London. He represents sponsors, lenders, export credit agencies, and governments on all aspects of energy and infrastructure development and finance matters world-wide. He has a significant focus on energy transition matters (including battery gigafactories, battery storage, hydrogen and other green industrial projects) as well as oil and gas, LNG, and conventional and renewable power matters.Podcast host Allan Marks is one of the world's leading project finance lawyers. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex energy and infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Many of his transactions relate to ESG and sustainability, innovative clean technologies, and sophisticated contractual risk allocation. Allan serves as Adjunct Lecturer at the University of California, Berkeley.For more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, iHeart, Google and Audible.Disclaimer

June 27, 2024Episode 635 min

The Best of LPM | International Climate Change Litigation: “Full Court Press”

Send us Fan MailOriginally broadcast: Friday, July 21, 2023ESG #15: Treaties and international tribunals interpreting and applying those treaties can impact how governments behave and how companies invest, bringing about concrete effects in the real world. Today, international courts are being summoned to answer questions about responsibility and liability for climate change impacts under international law. In December 2022, the Commission of Small Island States on Climate Change and International Law asked the International Tribunal for the Law of the Sea for an advisory opinion. In March 2023, the UN General Assembly asked the ICJ for an advisory opinion on state responsibilities to mitigate climate change. The decisions of these panels could have far-reaching effects, influencing climate change litigation in regional tribunals and national courts. They will shape and maybe accelerate global initiatives to reduce greenhouse gas emissions, to adapt to climate change, and to compensate for losses and damages. In this newest episode, Milbank partner Viren Mascarenhas speaks with host Allan Marks about what’s at stake in international climate change litigation. They discuss the potential impact of international climate change litigation decisions on economic policies and environmental laws, and explore the complex interrelationships among international courts, multilateral treaties and bilateral investment treaties. About the Speakers Viren Mascarenhas is a partner in Milbank’s NY office and a member of the firm’s Litigation & Arbitration Group. He specializes in international arbitration, public international law, and business and human rights. He has nearly two decades of experience acting as counsel in domestic and international arbitration proceedings under the major institutional arbitral rules as well as ad hoc arbitral rules in a broad range of industries, including chemicals, energy (LNG, oil, nuclear, electricity, power, renewables), and mining and metals. He teaches international arbitration at Columbia Law School, is a Fellow of the Chartered Institute of Arbitrators, sits as arbitrator, and has been recognized for his accomplishments in the field by the major directories, including Chambers and Legal 500. Podcast host Allan Marks is one of the world's leading project finance lawyers. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex energy and infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Many of his transactions relate to ESG and sustainability, innovative clean technologies, and sophisticated contractual risk allocation.For more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, iHeart, Google and Audible.Disclaimer

May 23, 2024Episode 552 min

The Best of LPM | Summer Associate Roundtable: “Law Students Speak Up”

Send us Fan MailOriginally broadcast: Friday, July 21, 2023What do law students today think about values, workplace culture, technology, privacy, work/life balance, and conflicting opinions? Host Allan Marks explores these issues in a candid, wide-ranging roundtable discussion with five 2023 summer associates at Milbank: Heaven Johnson-Branch; Konstantina Katsimeni; Harrison Makaruk; Isabela Motta; and Vishnu Nagireddy. They also share their experiences and opinions on related, timely topics:How new technologies (such as AI and blockchain) and shifting privacy norms will influence the practice of law in the next decadeWhat aspiring law students should know about building relationships of trust with mentors and peersHow law schools succeed or miss the mark in preparing law students for diverse legal careersAbout the Speakers: Heaven Johnson-Branch is a law student at Georgetown University Law Center. Konstantina Katsimeni is a law student at Columbia Law School. Harrison Makaruk is a law student at Harvard Law School. Isabela Motta is a law student at University of Chicago Law School. Vishnu Nagireddy is a law student at Northwestern University - Pritzker School of Law. Podcast host Allan Marks is one of the world's leading project finance lawyers. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex energy and infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Many of his transactions relate to ESG and sustainability, innovative clean technologies, and sophisticated contractual risk allocation. Allan serves as an Adjunct Lecturer at the University of California, Berkeley at the Law School and previously at the Haas School of Business.For more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, iHeart, Google and Audible.Disclaimer

April 6, 2024Episode 438 min

FERC-alicious: US Energy Market Trends & Regulatory Update

Send us Fan MailThe United States Federal Energy Regulatory Commission (FERC) regulates US energy markets. FERC’s latest annual report on key market trends noted falling average prices for natural gas and electricity despite increased demand for both. New renewable energy and storage facilities are coming online at a brisk pace, making the grid cleaner and more efficient. FERC is about to get three new commissioners, who will face challenges of interregional transmission constraints and grid-integration of emerging technologies.In this new episode, “FERC-alicious: US Energy Market Trends & Regulatory Update,” host Allan Marks speaks with Milbank partner Jenna McGrath. They examine how recent FERC actions are impacting markets. They discuss trends in state and federal energy regulation, the expansion of energy storage to bolster grid stability and reliability, and strategies for alleviating transmission and interconnection bottlenecks for new renewable energy projects. They also assess the three new nominees for FERC Commissioner – Judy W. Chang, David Rosner and Lindsay See – and upcoming FERC actions and rulemaking.About the SpeakersJenna McGrath is a partner in the Washington, DC office of Milbank and a member of the firm’s Global Project, Energy and Infrastructure Finance Group. She advises developers, lenders, private equity, utilities and large industrial electricity customers (e.g., data centers and mining operations) on laws and regulations governing development of electric generation and transmission projects, and revenues for wholesale and retail electricity and transmission services.Podcast host Allan Marks is one of the world's leading project finance lawyers. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex energy and infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Many of his transactions relate to ESG and sustainability, innovative clean technologies, and sophisticated contractual risk allocation. Allan serves as an Adjunct Lecturer at the University of California, Berkeley at the Law School and previously at the Haas School of Business.For more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, iHeart, Google and Audible.Disclaimer